82 FR 48878 - Chesapeake and Indiana Railroad Company-Amended Operation Exemption-Town of North Judson, Ind.

SURFACE TRANSPORTATION BOARD

Federal Register Volume 82, Issue 202 (October 20, 2017)

[Federal Register Volume 82, Number 202 (Friday, October 20, 2017)]
[Notices]
[Page 48878]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-22817]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36147]


Chesapeake and Indiana Railroad Company--Amended Operation 
Exemption--Town of North Judson, Ind.

    Chesapeake and Indiana Railroad Company (CKIN), a Class III rail 
carrier, has filed a verified notice of exemption under 49 CFR 1150.41 
to continue to operate an approximately 27.92-mile line of railroad 
owned by the Town of North Judson, Ind. (Town). The rail line extends 
between milepost CF 0.23, at Lacrosse, and milepost CF 15.23, at 
Wellsboro, and between milepost CI 218.0, at English Lake, and milepost 
CI 230.92, at Malden, in LaPorte, Porter, and Starke Counties, Ind. 
(the Line).
    According to CKIN, the Board originally authorized CKIN's operation 
of the Line in 2004. See Chesapeake & Ind. R.R.--Operation Exemption--
Town of N. Judson, Ind., FD 34529 (STB served Aug. 20, 2004).\1\ On 
September 11, 2017, CKIN and the Town entered into a new 10-year 
agreement for CKIN to continue to operate over the Line.\2\ CKIN states 
that the amended operating agreement will take effect on the effective 
date of this notice of exemption.
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    \1\ CKIN states that it was selected by the Town to operate the 
Line pursuant to an Operating Agreement executed on July 31, 2004, 
and expiring on December 31, 2015. Subsequently, the parties 
extended the operating agreement, first until May 15, 2016, and 
later until August 15, 2016. During these extensions, CKIN initiated 
litigation in state court and brought a petition before the Board 
that was later denied. See CSX Transp., Inc.--Aban. Exemption--in 
LaPorte, Porter, & Starke Ctys., Ind., AB 55 (Sub-No. 643X) et al. 
(STB served May 31, 2017). Ultimately, the parties reached a 
mutually satisfactory settlement. See CSX Transp., Inc.--Aban. 
Exemption--in LaPorte, Porter, & Starke Ctys., Ind., AB 55 (Sub-No. 
643X) et al. (STB served Oct. 2, 2017).
    \2\ CKIN states that the parties' operating agreement is 
automatically renewable at CKIN's option for two additional five-
year terms, for a total occupancy of 20 years.
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    CKIN certifies that its projected annual revenues as a result of 
this transaction will not result in the creation of a Class I or Class 
II rail carrier and will not exceed $5 million. CKIN also states that 
there are no provisions or agreements limiting interchange with other 
carriers.
    The transaction may be consummated on or after November 4, 2017, 
the effective date of the exemption (30 days after the verified notice 
of exemption was filed).
    If the verified notice contains false or misleading information, 
the exemption is void ab initio. Petitions to revoke the exemption 
under 49 U.S.C. 10502(d) may be filed at any time. The filing of a 
petition to revoke will not automatically stay the effectiveness of the 
exemption. Petitions for stay must be filed no later than October 27, 
2017 (at least seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36147, must be filed with the Surface Transportation Board, 395 E 
Street SW., Washington, DC 20423-0001. In addition, a copy of each 
pleading must be served on applicant's representative, John D. Heffner, 
Strasburger & Price, LLP, 1025 Connecticut Avenue NW., Suite 717, 
Washington, DC 20036.
    According to CKIN, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c).
    Board decisions and notices are available on our Web site at 
WWW.STB.GOV.

    Decided: October 17, 2017.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Marline Simeon,
Clearance Clerk.
[FR Doc. 2017-22817 Filed 10-19-17; 8:45 am]
 BILLING CODE 4915-01-P